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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 1467 contributions
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
Great—thank you for that.
My last question is about the issue, which we have long debated, of whether part of the reason for the successful or unsuccessful prosecution of sexual crimes has been about quality of evidence. I am interested to know your thoughts. Do you consider that there is any danger that your suggestions could lead to a reduction in the quality of evidence that is available? Is there a sense that evidence by commission is not as sturdy as evidence that is gathered in some other fashion?
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
That strikes me as being absolutely consistent with the aspiration for trauma-informed practice to minimise the negative experience for a witness.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
That is a very helpful explanation. Will you reflect further on the cultural change that needs to be undertaken or achieved to make the process effective? Parliament may well be able to legislate for that, but the issue is how it will become a meaningful change of practice.
One of the points that you have made very powerfully is that judicial leadership has been crucial in taking us thus far. What else is required to make sure that, when we look back 10 years down the track, we see this as a significant moment in changing the experience of those who happen to be involved in the work of a sexual offences court?
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
My last question is about an issue that we have discussed in previous committee meetings, which is the role of defence counsel in the questioning of witnesses—although this can sometimes also apply to the actions of the Crown. Is that questioning conducted in a fashion that is compatible with the legitimate aspirations of trauma-informed practice, which I entirely endorse?
One line of argument that has been put to us is that we must be satisfied that the right questions are being asked, and in the right fashion, to ensure that a fair trial is being delivered. Obviously, I want trials to be undertaken fairly, but I am concerned that trauma-informed practice might be disregarded in the name of ensuring a fair trial. That relates particularly to the conduct of defence counsel and defence agents. I would be interested to hear your observations about what the court and the judiciary can do to ensure that we have fair trials that are conducted in a fashion that is not damaging to witnesses who come forward in good faith.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
Have you had to do so?
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
You understand exactly where I am coming from. I would be keen to see that further information.
The only other thing that I would like to explore is the question of delays, which I discussed with the Lord Advocate. I do not know whether you were here for the question that I raised with the Lord Advocate, but it strikes me that the solution to delays will not rest in the hands of one organisation. There should be a joint effort involving Police Scotland, the Scottish Courts and Tribunals Service, the Crown, practitioners and the judiciary, for example. I am interested in hearing from you what steps you feel that you can take as part of that collaborative effort to address the issues that are contributing to some of the very poor experiences that complainers have because processes are taking so long.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
My final question is about the procedures of a specialist court. I am going to raise specific material from the bill, although I acknowledge that it is not for the Lord Advocate to argue for the bill. Section 55 states:
“The provisions of the 1995 Act apply to proceedings in the Sexual Offences Court as though the proceedings were taking place in the High Court of Justiciary”.
My reading of that, as a layman, makes me a little worried that that means that we will not have a fresh start. Reassure me on that point.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
It would be good if you could provide that information to us with as much detail as possible, Mr Fraser, because it is material to some of the questions that I will come on to about improving the throughput of the court system and addressing some of the issues about delays that I aired with the Lord Advocate, which you might have heard, earlier on. It also gets to the nub of whether we need to build a new infrastructure for this. I am profoundly sceptical about that, given that I imagine that there is spare capacity, albeit that it might be in the wrong place to suit particular schedules, if you see what I am getting at.
Criminal Justice Committee
Meeting date: 20 December 2023
John Swinney
Do you have the right climate and are you getting the right response to the effort that you are pursuing? Are partners responding in a helpful way?
Criminal Justice Committee
Meeting date: 20 December 2023
John Swinney
Deputy Chief Constable, could I pursue that a little further? Am I right to understand from your comments in response to Katy Clark’s question that your officers will go with the grain of the Lord Advocate’s guidance but keep a watchful eye out for anything that is not consistent with it? I will spit it out: I take it that, given the Lord Advocate’s position, Police Scotland will give the proposal a fair wind?